When you can prove that a landowner failed to fulfill a “duty of care” to keep you safe while on their property, you may be able to hold them financially liable for their misconduct. However, even with a mountain of evidence, it can be tricky to determine what losses you can recover, let alone those you can recover fairly.
Guidance from a seasoned premises liability lawyer can be crucial to getting a positive result from every part of your legal proceedings against a negligent landowner—especially when it comes tto maximizing available compensation. No matter how or where you got hurt, retaining a skilled legal professional could vastly improve your chances of recovering damages in a Columbia premises liability case.
When a visitor to privately—and sometimes publicly—owned property gets injured due to the landowner’s lack of property maintenance, any medical expenses associated with treatment for that injury can be incorporated into a civil claim. These damages include both past expenses that have already been assessed or paid at the time of filing and expected costs of future care like physical therapy, prescription medications, and assistive equipment like crutches or wheelchairs.
Likewise, it is possible to seek restitution for both short-term and long-term income loss stemming from a premises liability case in Columbia, including permanent loss of earning capacity when the plaintiff’s injuries are expected to have lifelong and debilitating effects. When applicable, the plaintiff can demand compensation for any personal property damage or loss they experienced due to their accident—for example, costs associated with repairing or replacing a phone that fell out of their pocket when they slipped.
As the choice of the term suggests, “non-economic” damages in property liability cases do not have objective financial values that the court can confirm through receipts and invoices. That said, these damages can still play a significant role in the recovery process, often representing the bulk of recoverable compensation.
Physical pain and suffering typically comprise the most significant share of recoverable non-economic losses in these claims. Depending on the circumstances, though, it may also be possible to recover for losses like emotional anguish, psychological trauma, and lost enjoyment or quality of life. A skilled attorney in Columbia can fight to get plaintiffs the maximum compensation possible for their situation.
While the court might impose punitive damages against the defendant in a Columbia premises liability claim in addition to the “compensatory” damages listed above, it is extremely rare. Under Missouri state law, civil plaintiffs can only get punitive damages when they can prove the defendant intentionally and knowingly caused them harm without any valid reason.
Since every premises liability claim is different, the exact damages that may be recoverable after an accident on someone else’s land will also differ from case to case. With that in mind, there is no substitute for custom-tailored assistance from a seasoned lawyer. We will work to maximize recoverable damages in a Columbia premises liability case. Call the Law Offices of Chris Miller today to schedule a private consultation with our legal team members.